Guns allowed in Tennessee restaurants today

NASHVILLE -- It became legal today for people with valid handgun-carry permits to go armed -- the gun concealed or not -- into Tennessee restaurants serving alcohol, provided the restaurant doesn't ban guns on the premises.

Davidson County Chancellor Claudia Bonnyman declined Monday to immediately block the new guns-in-restaurants law from going into effect, as some restaurateurs and their employees sought in a lawsuit.

The judge ruled after a two-hour hearing that the plaintiffs failed to prove they will suffer immediate irreparable harm largely because, she said, restaurants and other businesses still have a legal right to ban guns from their premises by posting notices.

Although she refused to issue a restraining order or injunction, the chancellor noted that the lawsuit's underlying argument -- that the law is unconstitutionally vague -- "does have merit" and that the case will proceed expeditiously. She said she expects a full hearing in the case within three to four months.

Meanwhile in Memphis, Shelby County Atty. Brian Kuhn issued a non-binding advisory opinion that both the guns-in-restaurants law and guns-in-parks law are unconstitutional and subject to a court challenge.

Kuhn's opinion was sought by County Mayor A C Wharton in advance of Monday's Shelby County Commission vote to maintain a ban on guns in county parks.

Kuhn's 11-page opinion said the guns-in-restaurants law "appears to be void for vagueness" and also cited equal protection, due process and unconstitutional delegation of legislative authority issues with the statutes, both approved by the Tennessee legislature this year after years of efforts by the gun lobby.

Although the county attorney's opinion does not affect implementation of the laws statewide, it could come into play if Shelby County decides to challenge the state laws or intervene in other cases challenging them.

The vagueness issue of the guns-in-restaurants bill was a key argument in the Nashville hearing Monday and revolves around the fact that for the purposes of alcoholic beverage regulation, Tennessee law does not recognize "bars" as separate establishments from "restaurants."

The guns-in-restaurants bill attempts, however, to differentiate between the two by defining "restaurant" as "any public place... where meals are actually and regularly served... "

Lawyers for Nashville restaurateur Randy Rayburn and others said it would be difficult or impossible for permit holders and police officers who must enforce the law to know which establishments meet that criteria, thus making the law unconstitutionally vague.

Lawyers for the plaintiffs also filed several affidavits from other restaurateurs across the state supporting overturning the law. One was by Joshua Ryan Prather, whose affidavit identified him as general manager of an unidentified restaurant in Downtown Memphis that he said employs about 45 people. He cited an incident last Thursday night in which seven patrons engaged in a loud, threatening incident, first with a server who accidentally bumped one of them near the bar and later the manager on duty who attempted to calm the situation.

Prather's affidavit said he is concerned about four scenarios involving guns in places serving alcohol:

That a well-intentioned carry-permit holder will try to help during a disturbance and accidentally shoot an employee or bystander.

That a "bad actor might grab a gun from a person legally carrying the gun" and use it to shoot others.

That a carry-permit holder will illegally consume alcohol (the new law prohibits armed people from consuming alcohol in restaurants or bars) and react poorly to an incident at the restaurant.

And that a "bad actor with a legal carry permit will use a gun in an altercation to shoot employees" or bystanders.

Nashville lawyer John Harris, executive director of the Tennessee Firearms Association, attended the hearing with at least three other men wearing black polo shirts with "Tennessee Gun Owners" logos. Harris said afterward that he and "others standing around here today will go (armed) to an O'Charley's or a Longhorn Steakhouse tomorrow because we can. There won't be any twirling of guns or anything like that."

Harris said he would "absolutely" advise carry-permit holders not to go armed into restaurants that post signs prohibiting guns. "Even if there wasn't a $500 fine, if someone doesn't want it in their business, respect that," he said.